KAILASH CHANDRA AGARWAL Vs. SUBHASH CHAND AGARWAL

JUDGEMENT

(1.) A difference of opinion between two learned judges in regard to the court fee payable on the plaint of the suit filed by the plaintiff appellant has led to this reference.

(2.) THE short question which falls for consideration is whether the court fees on the plaint in question is payable under clause 1 of Section 7 (iv-A) Court Fees Act as held by the" Honourable K. C. Agarwal ACJ (as he then was) or under clause 2 of that provision as held by the other learned judge, Brother S.N.Sahay.

(3.) BROTHER S. N. Sahay, on the other hand, interpreting the same plaint has come to the opposite conclusion He says the plaintiffs have not stated in the plaint that will was executed by their predecessor. The learned judge states that according to the plaint case the plaintiffs were not claiming their title through Shree Ram Agarwal, but independently of him-of the house property as members of Joint Hindu Family, and, in the partnership business, on the basis of the partnership agreement. Summing up the plaint case, the learned judge observed :